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CHAPTER SEVEN: NON-PARTICIPATING LOCAL AUTHORITY FEEDBACK
Introduction
7.1 This section presents the findings of a questionnaire issued to all LAs that do not currently operate an antisocial noise service 9. Responses were received from all of these LAs. For each of these LAs, the following areas were examined.
- The extent of antisocial neighbour noise nuisance in the LA.
- The current approach, if any, taken by the LA to tackle neighbour noise nuisance.
- The reasons for choosing not operate a antisocial neighbour noise nuisance service.
- The reasons for considering or not considering using the antisocial noise nuisance grant scheme in the future.
- The current approach taken by the LA to tackle antisocial behaviour more generally.
The questionnaire issued to each non-participating LA is provided in Appendix F.
Aberdeenshire
7.2 According to Aberdeenshire Council, relatively few domestic noise complaints in the private housing sector are investigated by the Environmental Health Department. A large proportion of complaints relate directly to inadequate sound insulation. Aberdeenshire Council believes that such complaints merit advice rather than enforcement action. While complaints tend to be spread throughout Aberdeenshire, complaints relating to council housing tend to be in the larger centres of population.
7.3 The police and the Aberdeenshire Council Housing Service deal with a larger number of domestic noise complaints than the Environmental Health Department. Environmental Health deal with domestic complaints in the private sector and, occasionally, undertake joint investigations with Housing and Social Work in council housing properties.
7.4 Complaints outwith normal office hours will be investigated on a planned basis (i.e. if it is known when the noise is likely to occur, the Environmental Health team will try to witness the problem and/or install a DAT or sound level meter). The out of hours service is operated by Grampian Police. A protocol has been established between the police and Council to ensure effective communications and to avoid duplication of investigation: this applies to both council/public and private housing.
7.5 The overall approach of the Council is to resolve problems without having to resort to formal action. This can be through the provision of advice and/ or mediation. The Council has good links with SACRO, who run the mediation service. The Council rarely has to serve an EPA Section 80 notice as a result of a statutory nuisance. A statutory nuisance means that it must be prejudicial to people's health or interfere with a person's legitimate use and enjoyment of land. The problem would have to be persistent and regular to be considered.
7.6 The option of operating a noise service has been discussed at the Council's Antisocial Behaviour Strategy Group, which comprises a range of partners, including the Council and the police. The Group believes that, at present, there is not a proven case for adopting the ASB noise provisions. The relatively small number of complaints where Part 5 could be used and the large geographic spread of Aberdeenshire were deciding factors. This matter is reviewed on a regular basis.
7.7 The decision to adopt the powers and/or to establish a distinct noise service is reviewed regularly. If a case is established that such a service is required then Aberdeenshire Council will consider taking part in the grant scheme in the future.
7.8 The Council's approach is detailed in its ASB Strategy, which can be viewed on the Council's website. Formal powers will be used only as a last resort. The Antisocial Behaviour Strategy Group has an overview of the Council's and police's approach to ASB.
Scottish Borders
7.9 There are in excess of 100 domestic noise complaints each year lodged with the Environmental Health Section. The causes range from anti-social behaviour to inadequate sound insulation. In the majority of the cases, resolution is obtained swiftly without recourse to statutory action. Where statutory action is necessary, however, the Council do not hesitate to take a firm line with people they believe are causing noise nuisance to neighbours.
7.10 Neighbour noise is tackled by the Environmental Health Noise Section working with the Anti-Social Behaviour Unit (Co-ordinator, wardens, police, mediation and Victim Support).
7.11 The Council leads an Anti-Social Behaviour Strategy Group for establishing policies and procedures. This is under the umbrella of the Community Safety Forum. Attendees include: Environmental Health, Lothian & Borders Police, Mediation & ASB Manager, Victim Support, Registered Social Landlords ( RSLs), Private Landlords Representative, SBC Solicitor, Education, Youth Justice, Housing Strategy, NHS, Ambulance Service, Lothian and Borders Fire and Rescue Service, and Children's Reporters.
7.12 There is a six weekly meeting of the above Core Group. The outcomes include the following.
1. No further action if the situation is resolved
2. Continuation of monitoring
3. Face to face meetings with complainees
4. Referral to Mediation
5. Directed noise surveillance ( RISPA needed)
6. Acceptable Behaviour Contracts
7. Ultimately, procedure to ASBO
7.13 Through inter agency co-operation, the vast majority of cases are resolved without requiring ASBOs. However, where it is felt that this course of action is necessary, this course is pursued vigorously.
7.14 Scottish Borders Council currently averages about two complaints per week. As a result, it is not considered necessary to provide a distinct neighbour noise nuisance service. According to the Council, within Scottish Borders Council's area there are limited police resources that are very thinly spread. As such, the Council do not believe that adequate support would be provided from the police to counter a problem that they do not feel exists to any great extent.
7.15 According to the Council, given the large geographical area that Scottish Borders Council covers, and the time it therefore takes to travel between possible complaints, it would require a disproportionate amount of resources to provide a neighbour noise nuisance service.
7.16 If the situation regarding noise nuisance and anti-social behaviour increased to any great extent, the Council would consider taking part in an anti-social neighbour noise nuisance grant funded scheme. The Council would consider this if the level of complaints justified the resources that may be necessary to undertake the scheme. The Council would also have to consider whether the present means by which they are dealing with anti-social behaviour noise were unsuccessful. If this were the case, the Council would have to develop different strategies in order to combat the problem.
7.17 The focus is to continue to develop a co-ordinated policy and procedure for dealing with issues surrounding antisocial behaviour. By bringing various agencies together and working in partnership, the Council believes that it can deal effectively with antisocial behaviour. Members of the Council fully support the actions taken by the Antisocial Behaviour Strategy Group and it is deemed that they have been successful in dealing with this issue.
Highlands
7.18 There are existing protocols between Northern Constabulary, Housing Services and Highland Council TEC Services that deal with noise issues.
7.19 Highland Council is currently addressing noise complaints in a manner similar to the model the Scottish Executive identifies as being suitable for areas such as the Highlands. Following a meeting of Environmental Health, Northern Constabulary and the Community Safety Unit it was concluded that a specific noise nuisance team/service could not be justified taking into account the geography of the Highlands and the number of noise complaints received. It was felt that the existing arrangements for dealing with noise complaints were sufficient to meet Highland Council's needs at present.
7.20 However, Inverness was considered separately. Again, it was felt that due to the number of complaints and practicalities when issuing Fixed Penalty Notices, a dedicated team could not be justified. Inverness Police receive approximately 26 noise complaints per week. These noise complaints are not necessarily domestic noise or complaints that could be dealt with by the Fixed Penalty Notice System proposed. For example, a significant number of complaints are anonymous and it would therefore not be possible to take noise readings within the complainant's home. Police presence would still be required in most instances when issuing Notices due to Health and Safety considerations. Funding additional staff, to respond to a minimal number of complaints, was judged to be poor value for money and difficult to justify in a bid to the Executive.
Moray
7.21 Moray Council does not consider neighbour nuisance to be a major issue within the area. From the 2005-2006 REHIS return, it can be noted it received 30 neighbour nuisance complaints, 17 of which related to domestic animals. From July to September 2006, this following noise complaints were recorded.
- Dog Barking - 37
- Domestic Noise - 2
- Commercial Noise - 6
- Construction Noise - 3
- Vehicle Noise - 1
- Bird Scarer - 1
7.22 The Council believes that the volume of complaints, coupled with the rural nature and low proportion of flatted dwellings does not justify a noise nuisance service. It also states that this approach matches that of neighbouring authorities with a rural characteristic.
7.23 A multi agency approach is currently in operation in Moray. This involves intervention by the police, community wardens, housing officials and the Environmental Health Section in dealing with neighbour noise. The community wardens utilise matron noise monitoring devices to assist with out of hours noise investigation.
7.24 The Council stated some concern about the added time and resources required for a currently stretched Environmental Health Section, if the noise provisions were to be adopted. The concerns stated were in relation to the amount of additional staff required, health and safety issues and cover in the event of leave, sickness etc. The Council believes that the current structures and processes in place are sufficient to cover any noise problems, but would continue to keep this policy decision under review.
Orkney
7.25 According to the Council, there are very few instances of antisocial neighbour noise nuisance in Orkney, with approximately 25 complaints per year.
7.26 Orkney Council's current approach to tackling neighbour noise nuisance follows the Environmental Protection Agency ( EPA) guidelines. Tackling noise nuisance, therefore, adheres to the following process:
- initial contact in writing to both parties;
- keeping of diaries;
- targeted visits during or out with office hours as appropriate;
- use of noise recording equipment as appropriate;
- taking informal advice; and
- service of notice under EPA as and when necessary.
7.27 Orkney Council operated the service on a trial basis during 2005/06. Due to the lack of complaints and unavailable staff, the service was discontinued. It is deemed uneconomical to operate the service.
7.28 Orkney Council are currently involved in a multi agency approach to tackling antisocial behaviour. The Council have regular meetings with the police and other Council departments and external agencies to tackle individual issues and problems in specific areas.
Shetland
7.29 Shetland Council claim to receive around 260 to 300 noise complaints per year. Responses are made to all received complaints. The Council will send a letter to the person who is the subject of the complaint, along with another letter and diary sheets to the complainer. On receipt of completed diary sheets, the Council assesses the potential nuisance and determines whether it is appropriate to use the noise equipment to corroborate the nuisance. Both parties are notified of the mediation service.
7.30 According to the Council, it has an effective inter-agency working group and has raised awareness of antisocial behaviour. The focus is on early intervention, prevention and working with the offender to change their behaviour using ABCs. ASBOs are considered as a last resort when these interventions fail. Each case has an inter-agency case conference, at which the course of action to be pursued is agreed.
7.31 Shetland Council has an arrangement with the Northern Constabulary that when the police respond to noise complaints out of hours, they refer the complaint to the Council the next working day. The complaint is then dealt with in the same way (letters to both parties). The Council also use police evidence to corroborate nuisance, and when the police are called twice to a property and witness nuisance, the Council will use their statement as the basis of the evidence to serve a statutory notice to prevent further nuisance. The Council's partnership approach delivers a 24-hour service to residents and has increased the Council's workload from 20 noise complaints in 2003/4 to 261 in 2005/6. The Northern Constabulary report that this approach has reduced their repeat calls to premises by 40% in the first year.
7.32 Shetland Council has been recognised for the impact of this partnership approach by being awarded the John Connell Enterprise Award 2006 by the Noise Abatement Society.
7.33 The Council has served six formal notices since 2003/4 and has prepared to reports to the Procurator Fiscal. Most cases are resolved informally and the Council has used Antisocial Behaviour Powers such as Acceptable Behaviour Contracts to deal with issues with noise when associated with wider antisocial behaviour.
7.34 Shetland Council believes that there is no need to operate a specific noise nuisance service in the area as they are able to meet the needs of the community using existing resources and improved partnership working. It also believes that that it will not require to apply for additional resources in order to deliver an effective service that meets the needs of the community.
Western Isles
7.35 The Western Isles Council claims that antisocial neighbour noise nuisance is not a serious problem in the area. It says that it receives only a small number of complaints every year.
7.36 In the Western Isles, EHOs in their existing capacity provide the main means of tackling noise issues, with community wardens increasingly becoming involved. The police sometimes become involved, particularly out of hours. A mediated settlement rather than enforcement action is preferred.
7.37 Western Isles Council believes there is not enough demand to merit such a specific noise nuisance service in the area.
7.38 The Council is part of the Strategy and Operations Group, which deals with antisocial behaviour issues on a multi-agency basis. The Council claims to have made particular gains by the use of ABCs, issuing a only a small number of ASBOs.
Summary
7.39 This section summarises feedback received from each LA that does not currently operate an antisocial neighbour noise nuisance service under the Scottish Executive's grant scheme.
7.40 In the majority of cases, these LAs have chosen not to operate the service due to the lack of demand in the area. These areas are largely rural with a widely dispersed population. Neighbour noise nuisance is, therefore, less likely to be a common problem.
7.41 In most of these areas, a multi-agency approach is adopted to dealing with antisocial behaviour generally. Close partnership working with external agencies and within the Council is regarded as the most effective way to tackle noise nuisance and antisocial behaviour.
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